ARTICLE · 27 JULY 2022

Update: Family and Domestic Violence Leave

People + Culture Strategies

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Family & Domestic Violence leave – next steps; who is eligible; notice & evidence requirements

AustraliaEmployment and HR

Kirryn West James

Olivia Coleman

FWC Update

Since 2018 employees have had an entitlement to unpaid Family and Domestic Violence ("FDV") leave under modern awards and in accordance with the National Employment Standards ("NES"). This entitlement provides full-time, part-time and casual employees with five days of unpaid leave in a 12-month period (see our article here).

The Fair Work Commission ("FWC") commenced a review of FDV leave in 2021 as part of its four yearly review of modern awards. In May 2022, the FWC made a provisional decision that modern awards should contain an entitlement to 10 days of paid FDV leave. The FWC's decision is set out in the Family and Domestic Violence Leave Review 2021 (the "Review").

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